University of Baltimore Law ScholarWorks@University of Baltimore School of Law All Faculty Scholarship Faculty Scholarship Fall 2014 Integrating Subchapters K and S and Beyond Walter D. Schwidetzky University of Baltimore School of Law,
[email protected] Follow this and additional works at: http://scholarworks.law.ubalt.edu/all_fac Part of the Business Organizations Law Commons, Taxation-Federal Commons, and the Tax Law Commons Recommended Citation Integrating Subchapters K and S and Beyond, 18 Chap. L. Rev. 93 (2014) This Article is brought to you for free and open access by the Faculty Scholarship at ScholarWorks@University of Baltimore School of Law. It has been accepted for inclusion in All Faculty Scholarship by an authorized administrator of ScholarWorks@University of Baltimore School of Law. For more information, please contact
[email protected]. Integrating Subchapters K and S and Beyond Walter D. Schwidetzky* INTRODUCTION This Article builds upon a similar, lengthier effort that I published in the Tax Lawyer in 2009.1 While there is overlap, this Article contains much new materiaL Important case law and tax proposals from the House Ways and Means Committee have come out in the interim. Due to space limitations, unlike my Tax Lawyer effort, this Article attempts to avoid prolixity. It assumes the reader has good knowledge of both Subchapters Sand K and the tax entity selection process. If you are not that reader, a review of my Tax Lawyer article or Professor Mann's article in this symposium edition2 will fill in the gaps. Generally speaking, I recommend repealing Subchapter S, but integrating its more legitimate benefits into Subchapter K.